When it comes to assault with a deadly weapon, prosecutors take these cases very seriously in the Van Nuys court. One of the most significant issues is whether or not somebody had a gun in the assault with a deadly weapon case because it's necessary for an assault with a deadly weapon charge that there be a weapon. ADW is covered under California Penal Code 245(a)(1).
It could be a gun or knife, or some other inanimate object that can be used. Believe it or not, I see a lot of assaults with a deadly weapon being charged and filed in the Van Nuys court with somebody using a car. In other words, if you're trying to run somebody over with a car and they can show that it's intentional, they can charge you with assault with a deadly weapon.
There are other weapons – bats and knives – that can be used that would also fall into the category of an assault with a deadly weapon charge in the Van Nuys court case. As far as the punishments go with these assaults with a deadly weapons case in Van Nuys, if it's severe enough and somebody could have gotten hurt, the Van Nuys prosecutors will file these assaults with the fatal weapon cases, and they will seek prison.
A person could be looking at a significant prison sentence when it comes to an assault with a deadly weapon case, and you must get an attorney who has handled these cases before.
Violent Felony and a “Strike”
Some assault with the deadly weapon cases can be charged and convicted as a strike. If this occurs, it's a violent felony, and you'll have to serve 85% of your Van Nuys sentence. On the other hand, other assaults with deadly weapon cases can be filed as non-strikes. They can later be reduced to misdemeanors, and you can even try to get a probationary sentence in the Van Nuys court.
I've been handling these cases now for twenty-five years, and there's a lot that can be done in the Van Nuys court with an assault with a deadly weapon case. My office is about five or ten minutes from the courthouse, and this is probably the courthouse I appear in most, so I know the tendencies of the judges and the prosecutors when it comes to an assault with a deadly weapon case.
I know the various angles and areas that we can use to get the best resolution in a case. Sometimes you have a complete defense of the assault with a deadly weapon charge in Van Nuys, while other times, it's damage control or mitigation.
We're just getting your version of what happened and getting your side of the story out there to a jury or the prosecutors because the police don't always do a full defense investigation. They make a decision that they're going to book somebody for an assault with a deadly weapon. They're going to send it to the prosecutors in Van Nuys, and they don't care what the defendant has to say about it.
Experienced Criminal Lawyer
The defense has to put in some time, effort, and investigation. I have to put my experience to bear in your favor – talk to the prosecutors and let them know what's going on with the case and give them a good assessment of what has happened with your version of events and all the mitigating factors related to what happened.
Sometimes you shouldn't be charged or convicted with an assault with a deadly weapon case in Van Nuys – maybe a lesser included offense should be set. For example, misdemeanor assault with a deadly weapon, battery, or simple assault charge. Again, it depends on the circumstances. It depends on what evidence the prosecutors have, and it's probably difficult for you to assess it because you've never been charged with assault with a deadly weapon.
You've never gone through the court system, and that's where I come in. We sit down and meet and go over everything. You give me all the facts and details about what happened, and I will provide you with the best evaluation of what we should do moving forward. I will let you know what you can to help in defense of your assault with a deadly weapon case in Van Nuys, and let me know what I'm going to do moving forward to get you the best possible result and get you out of the criminal justice system as fast as possible.